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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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, the bottom three metres of our garden is owned by the

Resolved Question:

Hello, the bottom three metres of our garden is owned by the highways agency. The fence was removed by previous owners and then used their fence. They are now trying to make us sign a licence to rent that bit of land. Do we have squatters rights to the land?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you just confirm that the land owned by the HA has been integrated into your garden? (I believe so, but need clarification that your previous owner took down the fence which used to run along the boundary line between the property and the HA land).

Please also confirm when the fence was removed, and how long you have been living at the property.

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Hello

Yes the land owned by HA is now integrated Into our garden.

We have been in the property for three years but I'm not entirely sure when the land was integrated into the garden. The previous owners moved in in 1999 so I think it was shortly after that. How long does it need to be? Many thanks

Expert:  Aston Lawyer replied 2 years ago.

Hi Simon,

Thans for your reply.

Well, if the land owned by HA is registered at the Land Registry, yo would have to prove that your property has "possessed" the land for 10 years or more, without consent from the HA. If the land is not registered, you would have to prove 12 years possession.

So, unless the previous owner prepared a declaration at the time you bought, confirming the land had been integrated, you are on to a loser, I'm afraid.

On the basis no declaration was made, you are going to have to agree to the Licence unless you can track down the previous ower and he is prepared to make a declaration now.

Sorry this is not the answer you were looking fo, but it sets out the legal position.

Kind Regards

Al

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